HomeMy WebLinkAboutSeptember 02, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, September 2, 1999
7:00 p.m.
7:30 p.m. (Public Meeting)
The regular meeting of Council of the Municipality of Bayham,was held at 7:00 p.m. on
Thursday, September 2, 1999, in Council Chambers. Present were Deputy Mayor John Nezezon,
and Councillors David Mason, Mathew Schafer and Cliff Evanitski and Clerk Lynda Millard.
Mayor Max Stewart was absent.
1. CALL TO ORDER
Deputy Mayor John Nezezon called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
Councillor Schafer disclosed potential pecuniary interest in regard to Items 6.3(a) &(b)
as he is a Member of the St. Luke Cemetery Board associated with the application for
Official Plan and Zoning By-law amendments.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held August 19, 1999
99-487 Moved by D. Mason
Seconded by C.Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
August 19, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Maureen Beatty,Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.1(c), 6.1(d), 6.3(a), 6.3(b)
(b) 8:00 p.m.—Sam Taylor,Fire Chief regarding
Items 9.1(e), 9.1(f)
(c) 8:30 p.m.—Allan Spicer,was present to express concerns regarding promotion of
Economic Development and Tourism, management of the Website, logo development,
justification for administrative staffing, and attendance at the Elgin Trans Canada Trail
Committee.
Item 9.1(g)
COUNCIL MINUTES -213 - September 2, 1999
5. INFORMATION ITEMS
99-488 Moved by C.Evanitski
Seconded by D. Mason
"THAT Information Items 5(a)through 5(1) be received and filed."
Disposition: Motion Carried Unanimously
(a) Memorandum C99012 regarding the 3rd Smart Serve Training Session to be held at 7:00
p.m. Thursday, September 30th, at the Vienna Community Centre. All Council members
are encouraged to attend as the Draft Municipal Alcohol Policy will be presented in late
October or early November for final approval. R.S.V..P
(b) Correspondence from Beacon Millennium regarding December 31, 1999 celebrations.
File: A04
(c) Correspondence received August 19, 1999 from Ministry of Citizenship, Culture and
Recreation, Ontario 2000 regarding Time Ship 2000.
File: A01
(d) Correspondence dated August 6, 1999 from Parks &Recreation Ontario and Toronto
Mayor Mel Lastman regarding 1999 Leisure Links Forum.
File: A04
(e) Township of Malahide correspondence received August 16, 1999 regarding Notices of
the Passing of Zoning By-laws.
File: CO2
(f) Correspondence dated August 26, 1999 from Steve Peters, M.P.F. regarding Three
Century Club and Main Street Ontario.
File: A16
(g) Long Point Region Conservation Authority minutes of meeting held August 4, 1999.
File: A 16
(h) Copy of correspondence dated August 26, 1999 to the Ontario Ministry of the
Environment from Fisheries and Oceans Canada.
File: T1299
(i) Middlesex-Elgin-Oxford Community Leaders' Letter, September—October 1999 edition.
File: M07
(j) AMCTO EXPRESS correspondence dated August 27, 1999.
File: A01
(k) Association of Municipalities of Ontario Alert correspondence dated August 27, 1999
regarding AMO Achieves Flexibility on Ambulance Extension, and correspondence dated
August 30th regarding AMO's Model Natural Gas Franchise Agreement& the Gas
Franchise Defense Fund.
File: A01
(1) Joint Trans Canada Trail Committee minutes of meeting held August 26, 1999.
File: DO6TCT
COUNCIL MINUTES 214 - September 2, 1999
6, PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated August 19 and 24, 1999 from the Town of Tillsonburg regarding
the Otter Valley Utility Corridor and Recreation Trail.
File: D06
The Planning Co-ordinator, Maureen Beatty was requested to set up a meeting between
the Bayham and Town of Tillsonburg Councils.
(b) Staff Report D99023 regarding Appointment of Fence Viewers.
File: C12
99-489 Moved by C.Evanitski
Seconded by D. Mason
"THAT By-law No. 99-67, being a by-law to appoint Fence Viewers for a term to
expire December 31,2000 and setting out the remuneration to be paid, be presented
to Council for enactment"
Disposition: Motion Carried Unanimously
(c) Staff Report D99024 regarding the lease with Gord Craig, Port Burwell Fish Company
for use of municipal land for docking purposes, and correspondence dated August 19,
1999 from Fisheries and Oceans, Coast Guard, regarding restricted access to Big Otter
Creek.
File: L04
The Planning Co-ordinator, Maureen Beatty advised that Mr. Craig is no longer
interested in renewing the lease of municipal lands for docking purposes, and that the
Coast Guard had advised that the municipal dock is not located in the approved site and
requested that the matter be resolved.
99-490 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report D99024 be received;
AND THAT Staff be directed to liaise with the Coast Guard and Gord Craig, Port
Burwell Fish Company with regard to the relocation of the municipal floating dock
for the 1999 boating season;
AND THAT Staff be directed to prepare a Request for Quotation for the operation
of the municipal dock for the Year 2000 season."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 215 - September 2, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(d) Application to rezone a 2.75 acre parcel from the Agricultural(Al) designation to the
Rural Residential(RR) designation and to rezone the retained parcel being a 9.45 acre
parcel to a Special Agricultural(Al) designation described as Part Lot 9, Concession 9,
submitted by Anthony and Magda Donck to facilitate the creation of a residential lot for
retirement purposes.
File: D14
99-491 Moved by C. Evanitski
Seconded by D.Mason
"THAT the application submitted by Anthony and Magda Donck, Donck Farms
Limited to rezone property described as Part Lot 9, Concession 9,to a rural
residential zone to facilitate the creation of a retirement lot and a special
Agricultural Al Zone for the remainder of the parcel be accepted;
AND THAT the application be referred to Staff and Cumming Cockburn Limited
for review, scheduling of a public meeting and by-law preparation."
Disposition: Motion Carried Unanimously
(e) Staff Report D99025 recommending an appointment to the Bayham Economic
Development and Tourism Committee.
File: C12, A02
99-492 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report D99025 be received;
AND THAT Helen Barrette of Bayham Times be appointed to serve on the Bayham
Economic Development& Tourism Committee as a voting member, representing
the Vienna area for a term to expire December 31,2000."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
None
3. PUBLIC MEETING
99-493 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -216 September 2, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
1. Application:
(a) Application by David and Peggy Shelly,to change zoning on a parcel of land comprising
of approximately 1.42 hectares (3.6 acres) situated on the east side of Plank Road,
(County Road No. 19) south of Light Line, in Part Lot 16, Concession 3 from the
Agricultural(Al) Zone to the Institutional (I) Zone and the Estate Residential (ER)Zone.
File: D14
(b) Official Plan Amendment No. 107 to change the land use designation on a parcel of land
comprising of approximately 1.42 hectares (3.6 acres) situated on east side of Plank
Road, (County Road No. 19) south of Light Line, in Part Lot 16, Concession 3, in the
Municipality of Bayham, from Agricultural to Institutional and Rural Estate Residential
lands, submitted by David and Peggy Shelly.
File: D09
2. Declaration of Pecuniary Interest and the General Nature Thereof
Councilor Schafer disclosed potential pecuniary interest in regard to Items 6.3(a)&6.3(b)as he
is a Member of the St. Luke Cemetery Board associated with the application for Official Plan and
Zoning By-law amendments.
3. Staff Presentation
The Planning Co-ordinator advised that the purpose of the applications was to allow for purchase
of property for expansion of the cemetery which would almost double in size,and to create a new
lot for residential purposes. She noted that no inquiries,comments or objections had been
received with regard to the proposal.
4. Public Comments
None
5. Council Comments and Questions
None
6. Adjournment
99-494 Moved by C.Evanitski
Seconded by D. Mason
"THAT the Public Meeting be adjourned at 7:43 p.m."
Disposition: Motion Carried
7. Disposition of Items
(a) 99-495 Moved by D.Mason
Seconded by C. Evanitski
"THAT the Application submitted by David and Peggy Shelly to rezone property described
as Part Lot 16,Concession 3,being a parcel of land comprising approximately 1.42 hectares
situated on the east side of Plank Road(County Road No. 19),south of Light Line from the
Agricultural(Al)designation to the"Institutional" and "Estate Residential" designation to
facilitate the expansion of the existing St. Luke Cemetery to the south,and the development
of one residential lot be hereby approved;
AND THAT By-law No.Z409-99,being a by-law to amend Township of Bayham By-law
2387 be presented to Council for first and second reading."
Disposition: Motion Carried
COUNCIL MINUTES - 217 - September 2, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Items
(b) 99-496 Moved by C.Evanitski
Seconded by D. Mason
"THAT the Official Plan Amendment Application submitted by David and Peggy
Shelly to change the designation of property described as Part Lot 16, Concession 3
from the "Agricultural" designation to the"Institutional and Rural Estate
Residential" designation to facilitate the expansion of the existing St.Luke
Cemetery and for the creation of one residential lot is hereby approved;
AND THAT By-law No. 99-66,being a By-law to adopt Amendment No. 107 to the
Township of Bayham Official Plan be presented to Council for enactment;
AND THAT in accordance with the provisions of the Planning Act, Staff be directed
to forward Amendment No. 107 and all necessary documentation to the Ministry of
Municipal Affairs and Housing for consideration."
Disposition; Motion Carried
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
None
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending August 31, 1999
File: P10
99-497 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Building Permit Report for the month ending August 31, 1999 be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 218 - September 2, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register being cheques#2653 to#2753 inclusive, and totalling $ 737,717.98
and Cash Requirements for the period ending September 20, 1999. Payroll
disbursements for the period ending August 25th and totalling $ 27,502.32.
File: F10.3
99-498 Moved by D. Mason
Seconded by M. Schafer
"THAT the Cheque Register for cheques #2653 to #2753 inclusive, totalling
$737,717.98; and
THAT the Cash Requirements for the period ending September 20, 1999; and
THAT the Payroll disbursements for the period ending August 25th and totalling
$27,502.32 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F99015 regarding Final Taxation Billing Due Dates.
File: F22
99-499 Moved by D. Mason
Seconded by M. Schafer
"That Staff Report F99015 be received;
AND THAT Bylaw 99-57, being a by-law to amend By-law 99-50, a
by-law to adopt the assessment on which taxes shall be levied for the
year 1999,the current estimates for year 1999,to establish a levy for
the year 1999,to adopt tax rates, provide for penalty and interest in
default of payment and the collection thereof, be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report F99016 regarding County and School Board Requisitions.
File: F22
99-500 Moved by M. Schafer
Seconded by C. Evanitski
"That Staff Report F99016 be received;
AND THAT the third 1999 levy payment normally due September 30, 1999, payable
to the County of Elgin and the School Boards be deferred until October 22, 1999."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 219 - September 2, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(d) Staff Report 1199010 regarding Appointment of Suzanna Mantel as Treasurer.
File: H
99-501 Moved by M. Schafer
Seconded by C. Evanitski
"That Staff Report H99010 be received;
AND THAT Bylaw 99-63,being a by-law to amend By-law 98-08, as amended, a by-
law to appoint Municipal Officers and Employees for the Municipality of Bayham,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report P99013 regarding Joint Emergency Preparedness Program(J.E.P.P.) funding
for the 2000/2001 Project Year.
File: P03
99-502 Moved by D. Mason
Seconded by C.Evanitski
"THAT Staff Report P99013 regarding Joint Emergency Preparedness funding
(J.E.P.P.) for the 2000/2001 Project Year be received;
AND THAT Council direct Staff to apply for J.E.P.P. funding to establish and equip
an Emergency Operations Center as described in Staff Report P99013."
Disposition: Motion Carried Unanimously
(f) Staff Report P99012 regarding Appointment of Firefighters.
File: Pl6bay
99-503 Moved by C.Evanitski
Seconded by D. Mason
"THAT Staff Report P99012 regarding the Appointment of Probationary
Firefighters be received;
AND THAT Council appoint Mr.Ralph Jennings and Mr. Dwayne Daniel as
probationary Firefighters for the Straffordville Station,Bayham Fire Department."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 220- September 2, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(g) Correspondence dated August 30, 1999 from Allan Spicer regarding the proposed
Bayham Logo, cost of administration, and the Elgin Trans Canada Trail.
File: C13
99-504 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated August 30, 1999 from Allan Spicer be received;
AND THAT on behalf of Council, Staff be directed to prepare a written response to
the questions asked by Mr. Spicer, and that the response letter be presented to
Council for approval prior to mailing."
Disposition: Motion Carried Unanimously
(h) Staff Report C99004 regarding Bayham Cenotaph Committee.
File: C12
99-505 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report C99004 be received;
AND WHEREAS the Council of the Municipality of Bayham is desirous that the
Bayham Cenotaph Committee be recognized as a Committee of Council;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham hereby directs the establishment of the Bayham Cenotaph Committee,
consisting of one member of Council and three citizens of the community;
AND THAT Council hereby appoints David Mason, Council representative, and
Sharon Reiser,Jim Davis and Eleanore Langeland as the citizen representatives to
the Bayham Cenotaph Committee;
AND THAT the Bayham Cenotaph Committee be directed to make the necessary
arrangements for the relocation and refurbishing of the Cenotaph in Port Burwell
to the Memorial Parkette, and the funding thereof, and for the cleaning and repairs
to the Vienna Cenotaph,for a total estimated project cost of$9,500.00, as submitted
August 13, 1999;
AND THAT the funds to be raised and expended for this project be channeled
through the financial accounts of the Municipality of Bayham."
Disposition: Motion Carried Unanimously
(i) Staff Report F99017 regarding Sidewalk Expenditures.
File: F05
99-506 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report F99017 having reference to 1999 sidewalk expenditures be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 221 - September 2, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
2. UNFINISHED BUSINESS
(a) Staff Report C99003 regarding Appointments to Committees. From August 5th.
File: C12
99-507 Moved by D. Mason
Seconded by M. Schafer
"THAT Council hereby appoints David Mason as a Council representative to fill the
existing vacancy as a Bayham representative on the Otter Valley Utility Corridor
and Recreation Trail Committee."
Disposition: Motion Carried Unanimously
99-508 Moved by M. Schafer
Seconded by D. Mason
"THAT Maureen Beatty be authorized to attend the meetings of the Otter Valley
Utility Corridor and Recreation Trail Committee as a staff resource."
Disposition: Motion Carried Unanimously
99-509 Moved by C.Evanitski
Seconded by D.Mason
"THAT Council hereby appoints Mathew Schafer as the Council representative to
the Bayham Joint Cemetery Committee."
Disposition: Motion Carried Unanimously
99-510 Moved by M. Schafer
Seconded by D. Mason
"THAT Council hereby appoints John Nezezon as the Council representative to the
Edison Museum of Vienna Committee."
Disposition: Motion Carried Unanimously
99-511 Moved by M. Schafer
Seconded by D.Mason
"THAT Council of the Municipality of Bayham appoints CliffEvanitski as the
representative to the Long Point Region Conservation Authority, until November
2000."
Disposition: Motion Carried Unanimously
Councillor Evanitski will be representing both the Municipality of Bayham and the
Township of Malahide.
(b) Correspondence dated July 30, 1999 from Wendell Graves, Administrator, Town of
Aylmer regarding recreation fees. Previous correspondence dated March 10th and
response also included. From August 19th Deferred to September 16th
File: A16
COUNCIL MINUTES - 222 - September 2, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
2. UNFINISHED BUSINESS
(c) Correspondence dated July 28, 1999 from Footloose Entertainment regarding use of the
Vienna Community Centre for Youth dances.From August 19th
File: R06
99-512 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated July 28, 1999 from Footloose Entertainment regarding
use of the Vienna Community Centre for Youth functions be received;
AND THAT Council supports the request to hold Pre-teen dances between 6:00 p.m. and
8:00 p.m.,followed by a Teen Comedy night between 8:30 p.m.and 10:30 p.m. at the
Vienna Community Centre one time per month,on Friday September 10,October 1,
November 5 and December 10, 1999,subject to the established conditions of agreement and
the following requirements:
• Notification of police by Footloose Entertainment
• A minimum of 6 staff chaperones being in attendance
• The maximum attendance at the function be 250
• Rental fee for the function be set at $ 100.00 for use of the upstairs area only;
• Clean-up to be at the expense of Footloose Entertainment,to acceptable standards as
determined by Vienna Community Centre Manager
• The Vienna Community Centre Manager be in attendance for the initial function,and
the expense be the responsibility of Footloose Entertainment;
AND THAT this arrangement be reviewed by December 31, 1999,or sooner should such
need be deemed necessary by the Vienna Community Centre Managers,Footloose
Entertainment or Council."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated August 11, 1999 from Tony Clement, Minister of the
Environment, regarding Council's support of the resolution passed by the Provisional
Joint Board of Management concerning the Elgin Area Primary Water Supply System.
File: E08eaws
99-513 Moved by C.Evanitski
Seconded by D. Mason
"THAT the correspondence dated August 11, 1999 from Tony Clement,Minister of
the Environment,having reference to the Elgin Area Primary Water Supply System
be received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-514 Moved by D. Mason
Seconded by M. Schafer
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss property and personnel matters."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 223 - September 2, 1999
1I. COMMITTEE OF THE WHOLE (continued)
99-515 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Council do now rise from the"In Camera" Session and report."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated August 16, 1999 regarding a property matter.
File: C13
99-516 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence dated August 16, 1999 regarding a property matter be
received for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated August 26, 1999 regarding a property matter.
File: C13
99-517 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence dated August 26, 1999 regarding a property matter be
received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated February 24, 1999 regarding a property matter.
File: C13
99-518 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated February 24, 1999 regarding a property matter
be received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Confidential Staff Report 1199008 regarding a personnel matter. (From August 5th)
File: H05
COUNCIL MINUTES - 224- September 2, 1999
12. BY-LAWS
By-law Z409-99 A By-law to amend Zoning By-law 2387(Shelly)
99-519 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-law Z409-99 be read a first and second time."
Disposition: Motion Carried
By-law 99—66 A By-law to adopt Amendment No. 107 to the Municipal Official
Plan(David&Peggy Shelly[St.Luke Cemetery])
By-law 99—57 A By-law to amend By-law 99-50,a by-law to adopt the
assessment on which taxes shall be levied for 1999
By-law 99—63 A By-law to amend By-law 98-08, as amended, a by-law to
appoint Municipal Officers and Employees (Treasurer)
By-law 99 - 67 A By-law to appoint Fence Viewers and to set remuneration
99-520 Moved by D.Mason
Seconded by C.Evanitski
"THAT By-laws 99-57, 99-63,99-66 and 99-67 be read a first, second and third time
and finally passed."
Disposition: Motion Carried
By-law 99 - 64 A By-law to confirm all actions of Council
99-521 Moved by C. Evanitski
Seconded by D. Mason
"THAT confirming By-law 99-64 be read a first, second and third time and finally
passed"
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-522 Moved by C.Evanitski
Seconded by D. Mason
"THAT the meeting be adjourned at 10:18 p.m."
Disposition: Motion Carried Unanimously
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